Over 30 Day Delays

[Elite Armory]

What are other FFL's doing with DROS's that get delayed for more than 30 days? We called in and the DOJ basically said that we could do what ever we wanted after 30 days (release or not) and that after 30 days passes they won't even contact us about it.

So, we were wondering how other FFL's have been handling this situation.

[kemasa]

If they don't let you know and don't run a background check again, then under Federal law, you can not release the firearm due to the background check being over 30 days.

[acespawnshop]

Yes, if it has been over 30 days and the dros was submitted after 1-1-14 the DOJ should mail out a letter saying undetermined with a new NICS number on that paper. You would mark your 4473 as delayed, then delivered undetermined and put both your original DROS number in box 21b and the new NICS number DOJ gave you on the page they mail you.

This is how ATF told us to do it and DOJ gave us the old 'well you know its up to you as the dealer to release it or not."

ATF said that this way of doing it is ok by them. But I would check with your local inspector to see exactly how they want it done in your area.

[ugimports]

What are other FFL's doing with DROS's that get delayed for more than 30 days? We called in and the DOJ basically said that we could do what ever we wanted after 30 days (release or not) and that after 30 days passes they won't even contact us about it.

So, we were wondering how other FFL's have been handling this situation.

This is the opposite of what it said previously on the DES home page (message different now):

http://www.calguns.net/calgunforum/showthread.php?t=896666

Supposedly you'd be notified via DES + a letter. I'm not sure how you can document the NICS was re-run (maybe it's not required now).

[kemasa]

You can not release a firearm unless a background check was done within 30 days under Federal law.

I would trust a notice on the DROS system over what a random person on the phone says.

[halifax]

Are CA dealers allowed to do their own NICS checks if the CA DOJ won't?

[kemasa]

CA FFLs can only use the DROS system.

[halifax]

Even if the CA DOJ refuses to do anything after the 30 days have passed?

[kemasa]

The FBI won't allow a CA FFL to use the NICS system, so no, there is nothing that the FFL can do if the CA DOJ refuses to do what they should.

[Condorguns]

I'm so damn confused with this now. I did one of the wait then fax ones last month. Hot another delay last week, now I have to wait and trust that DOJ will re run this after the 30 day's? Dang it I hope they release this customer before the 30 days. I don't want to be the test case to see if this works.

[acespawnshop]

DOJ automatically mailed this to us regarding our delay. And they give you the new NICS number thats good for 30 more days. I cant figure out how to put the picture on the reply here since its from my phone not another website, but PM me and I will email it to you if you want.

It clearly states Newly refreshed NICS number - And the date, you have 30 days from then to get in touch with the customer and have them pick it up.

[acespawnshop]

DOJ automatically mailed this to us regarding our delay. And they give you the new NICS number thats good for 30 more days. I cant figure out how to put the picture on the reply here since its from my phone not another website, but PM me and I will email it to you if you want.

It clearly states Newly refreshed NICS number - And the date, you have 30 days from then to get in touch with the customer and have them pick it up.

[acespawnshop]

Here is that pic

[ugimports]

DOJ automatically mailed this to us regarding our delay. And they give you the new NICS number thats good for 30 more days. I cant figure out how to put the picture on the reply here since its from my phone not another website, but PM me and I will email it to you if you want.

It clearly states Newly refreshed NICS number - And the date, you have 30 days from then to get in touch with the customer and have them pick it up.

Hard copy mail only or did it show online via DES?

[acespawnshop]

Hard Copy came to the PO Box, never looked at the DES one of the guys who works here did the pick up.